The U.S. Court of Appeals for the D.C. Circuit on Tuesday ruled that the FCC exceeded its authority, and overturned an FCC order that forced Comcast to offer equal treatment to all Internet traffic flowing through its network. Comments Cato scholar Jim Harper, "Slow-moving, technologically unsophisticated bureaucrats do not know better than consumers and technologists how to run the Internet. The FCC's 'net neutrality' hopes are nothing more than public utility regulation for broadband."

In advance of the Global Summit on Nuclear Security next week, President Obama on Tuesday announced a shift in U.S. nuclear weapons policy. Cato scholar Christopher A. Preble says that overall the review "signals more continuity than change," but warns, "Unfortunately, it fails to set the stage for dramatic and necessary changes to a bloated and outdated force structure because it reaffirms the U.S. commitment to other countries that imposes a huge burden on our military and on U.S. taxpayers."

Legal scholars argue that several of the health care overhaul's provisions run afoul of the Constitution, and already more than a dozen states have filed suits against the new law. But do they have a winning case? Cato scholar Roger Pilonthinks so: "It will be an uphill battle, because modern 'constitutional law' is so far removed from the Constitution itself, but a win is not impossible. ...This suit will keep the issue alive until November, when the American people will have a chance to weigh in."

David Boaz and P.J. O'Rourke will discuss "What's a Libertarian?" on Fox Business Network's Stossel on Thursday at 8 PM EST.

OF SPECIAL NOTE

NEW BOOKS

The Struggle to Limit GovernmentThis book assesses the highs and lows of the nearly 30-year struggle to limit government--Reagan's successes and failures, the drift away from Reagan's legacy, and George W. Bush's rejection of limited government--and concludes that the last elections were a repudiation of the failed Bush presidency, not limited government.

GridlockAmerica's transportation system is on the verge of collapse and Gridlock reveals how we got into this mess and how to fix it by focusing on free market improvements to methods of transportation that pay for themselves and increase everyone's mobility.

Shifting SuperpowersThis book aims to energize the debate over the proper direction of U.S. foreign policy in Asia, urging America to adapt to the realities of a changing world in which China is not automatically America's enemy, while India is not consistently America's ally.